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HomeMy WebLinkAboutMinutes CITY OF SEBASTIAN MINUTES SPECIAL MAGISTRATE CODE ENFORCEMENTHEARING JANUARY 21, 2025 The hearing was called to order at 2:00 p.m. by Special Magistrate Kelley H. Armitage. Present: Special Magistrate Kelley H. Armitage, Jennifer Cockcroft, City Attorney, Code Enforcement Officer Curtis Bloomfield, Wayne Eseltine, Director of Building Department, Code Enforcement Officer Richard Iachini, Code Enforcement Records Specialist Naiomi Charles, and Janet Graham, Technical Writer I. Call to order II. Compliance Hearing (Massey) Code Enforcement Records Specialist Naiomi Charles sworn in staff and all persons who would be speaking. A. DOUGLAS SASTRAM 1006 Landsdowne Drive Sec. 26-34.10(a) Unsafe Structure Case No.: B24-1023 Ms. Cockcroft read into the record the docket for Notice of Code Violation. Magistrate Armitage called on anyone who wished to testify. Ms. Cockcroft stated that the Building Department Official, Wayne Eseltine, is here to present the evidence in this case, and this is a Massey Hearing. Mr. Eseltine stated the unsafe structure at 1006 Landsdowne Drive first came to staff’s attention back in June 2024. That is when the property was posted and the building declared unsafe in accordance with the Unsafe Structures Code, Section 26-34.08, stating the building is in major disrepair and incapable of resisting wind loads, likely to partially or completely collapse, and is unfit for human habitation. Staff ordered the property to be vacated or demolished. Thirty days were given to either apply for and obtain permits to repair or demolish the structure. The owner was given a formal order on August 19, 2024. That time period had passed, and another notice was provided on December 20, 2024 which was a Notice of Violation Proceedings before the Special Magistrate. Mr. Eseltine stated he has had a couple of conversations with the owner, Mr. Douglas Sastram, and he understands the proceedings. He was not in a position to make the repairs. Just as a point of reference, Mr. Eseltine posted some photographs on the screen. He described what the photographs show, which was some major disrepair. Mr. Eseltine said that the owner is here to speak regarding this situation. Ms. Cockcroft asked that the photos and the notices be entered into file evidence. She asked Mr. Eseltine when was the last time he visited the property. Mr. Eseltine stated it was on December 20, 2024, and the property was still in the same state as it was on his first visit. PAGE 2 The Magistrate asked Mr. Sastram if he is in agreement with Mr. Eseltine. Mr. Sastram stated that he is. He also said that Mr. Eseltine had explained the process. The Magistrate asked Mr. Sastram if he understands what a lien means. Mr. Sastram said yes, he understands. He also said that when the structure is demolished, he plans on selling the lot and using that money to pay the lien, and he will then be done with that property. Ms. Cockcroft stated staff is asking that an Order be entered citing the unsafe structure as a nuisance, and staff is seeking a demolition order under the City’s Unsafe Structure Abatement Code, and staff is asking for permission to enter the property and demolish the structure as well as putting a lien on the property for the costs. Mr. Eseltine said staff would give Mr. Sastram plenty of time to get his belongings out. The Magistrate so ordered. III. Initial Hearing of Code Violation A. BAF ASSETS 3 LLC & CORPORATION SERVICE COMPANY 822 Cody Avenue Sec. 66-3(11) Illustrative Enumeration (Grass) Case No.: CE 24-042521 Ms. Cockcroft read the item into the record. Curtis Bloomfield, Code Enforcement Officer with the City of Sebastian, identified himself and his position with the City of Sebastian. On November 8, 2024, he inspected 822 Cody Avenue and found it to be in violation of City Code Section 66-3(11), which is high grass and weeds. He displayed photographs of the property on the screen. He stated he subsequently returned to the property on November 18, 2024 and posted a copy of the letter that was posted on the screen. Also, that letter was sent via Certified Mail to the owner of record in Texas. On November 25, 2024 the owner signed for the Certified Mail, a copy of which was displayed. On December 17, 2024 a Notice to Appear for this hearing was posted at the property and also sent Certified Mail, copies of which were on the screen. He stated the property is currently unoccupied. On December 3, 2024, a Notice of Hearing was mailed to the owner, a copy of which was shown on the screen. That was signed for on December 17, 2024. Officer Bloomfield stated that staff recommends an Order of no time to cure and to allow the City and/or its agents to enter and abate the property in addition to placing the cost of such abatement as a lien against the property and any other property owned by the listed owner. Administrative costs in the amount of $250.00 and any future violation of the same ordinance brought before the Special Magistrate will be considered a repeat violation and may be subject to two additional fines in accordance with Florida Statute 162. PAGE 3 So ordered by the Magistrate. B. ELVIE HUGHES 1648 Fatima Ct. Sec. 66-3 Illustrative Enumeration (Dead/Hazardous Trees) Case No.: 24-039415 Ms. Cockcroft read the item into the record. Richard Iachini, Code Enforcement Officer for the City of Sebastian, identified himself and his position with the City of Sebastian. Officer Iachini said this lot is an unimproved lot and has hazardous trees on the west side of the lot, and the adjacent improved property owner has complained about this condition. On October 17, 2024 staff issued a Notice of Violation and sent Certified Mail to the owner of record. He showed photos which he took of the property which he displayed on the screen. He also showed a copy of the Certified Letter that was sent to the owner. The letter was sent back to the City unclaimed/unable to forward. On December 16, 2024 staff posted a letter to appear before the Special Magistrate and again took photos. He showed a copy of the letter to appear before the Magistrate. Officer Iachini asked permission for the City to go on the property and have the property abated with no time to cure and send the owner a bill. If the letter is returned to the City, he is asking for the City to be able to put a lien on the property for the costs of abatement as well as a $250.00 administration fee for the costs. There being no one present to speak on this matter, so ordered by the Magistrate The hearing was concluded at 2:21 p.m. jg